Exercise of right to buy 10 51 (1) Where a small landholder has a right to buy land under paragraph 50(2) by virtue of 1 paragraph 50(1)(a), the landholder may proceed in accordance with paragraph 53 to buy the land from the owner of the land or (as the case may be) the eligible creditor provided that notice is given under sub-paragraph (2). (2) Notice is given under this sub-paragraph if— 15 (a) the landholder gives notice to the owner or (as the case may be) the creditor that the landholder intends to buy the land, and (b) the notice is given within the period of 28 days beginning with the day on which the landholder is given a notice of a proposal to transfer land. (3) Where a landholder has a right to buy under paragraph 50(2) by virtue of paragraph 20 50(1)(b), the landholder may proceed in accordance with paragraph 53 to buy the land from the owner or (as the case may be) the creditor provided that the landholder gives notice to the owner or, as the case may be, the creditor that the landholder intends to buy the land. (4) Where a landholder has a right to buy land under paragraph 50(6), the landholder may 25 proceed in accordance with paragraph 53 to buy the land from the person to whom the land has been transferred or subsequently transferred provided that notice is given under sub-paragraph (5). (5) Notice is given under this sub-paragraph if— (a) the landholder gives notice to that person that the landholder intends to buy the 30 land, (b) the notice is given within the period of 3 years beginning with the day on which the land is transferred to that person, and (c) the landholder’s tenancy is in force on the date on which the notice is given. (6) If, at any time, the landholder does not intend to proceed, in accordance with paragraph 35 53, to buy the land, the landholder is to give notice of that fact to the person from whom the land would otherwise have been bought. (7) The right to buy mentioned in— (a) sub-paragraph (1) is extinguished if the landholder does not give notice in accordance with sub-paragraph (2), 127 Land Reform (Scotland) Bill Schedule—Small landholdings Part 5—Right to buy (b) sub-paragraph (4) is extinguished if the landholder does not give notice in accordance with sub-paragraph (5), (c) sub-paragraph (1), (3) or (4) is extinguished if the landholder gives notice under sub-paragraph (6). 5 (8) A landholder giving any notice under this paragraph must give a copy of the notice to the Keeper. (9) The Scottish Ministers may by regulations make provision for a period within which any notice given by a landholder under sub-paragraph (3) is to be given. (10) Regulations under sub-paragraph (9) may modify this paragraph. 10 Effect of extinguishing right to buy 1 Where a small landholder’s right to buy land is extinguished under paragraph 51(7) or 52 53(9), the landholder may acquire a subsequent right to buy the same land or any part of it under paragraph 50(2), but only if— (a) the period of 12 months beginning with the day on which the right to buy is 15 extinguished has expired, or (b) before that period has expired— (i) the land is transferred to another person, and (ii) that person requires to give notice of a proposal to transfer land in relation to a subsequent transfer. 20 Procedure for buying 53 (1) It is for the small landholder to make the offer to buy in exercise of the landholder’s right to buy under paragraph 50. (2) The offer is to be at a price— (a) agreed between the landholder and the person from whom the land is to be bought 25 (in this Part, “the seller”), or (b) where there is no such agreement— (i) payable by the landholder in accordance with paragraph 55(9), or (ii) if the price is determined in an appeal under paragraph 57, as is so determined. 30 (3) The offer must specify the date of entry and of payment of the price in accordance with sub-paragraph (4). (4) The date of entry and of payment of the price is to be— (a) a date not later than 6 months after the date on which the landholder gave notice under paragraph 51 of the landholder’s intention to buy, 35 (b) where the price payable by the landholder is the subject of an appeal under paragraph 57 which has not, within the period of 4 months beginning with the day on which the landholder gave such notice, been— (i) determined, or 128 Land Reform (Scotland) Bill Schedule—Small landholdings Part 5—Right to buy (ii) abandoned following agreement between the landholder and the seller, a date not later than 2 months after the appeal is so determined or (as the case may be) abandoned, or (c) such later date as may be agreed between the landholder and the seller. 5 (5) The offer may include such other reasonable conditions as are necessary or expedient to secure the efficient progress and completion of the transfer. (6) If the landholder has not, within the period fixed by or agreed under sub-paragraph (4), done any of the things mentioned in sub-paragraph (7), the seller may apply to the Land Court for an order under sub-paragraph (8). 10 (7) The things are— 1 (a) concluding missives with the seller for the sale of the land to the landholder, or (b) if the landholder has not so concluded missives, taking all steps which the landholder could reasonably have taken in the time available towards so concluding missives. 15 (8) An order under this sub-paragraph may— (a) direct the landholder— (i) to conclude missives with the seller within such period as may be specified in the order, and (ii) to take such remedial action for the purpose of so concluding missives as 20 may be so specified, and (b) direct the landholder and seller to incorporate into the missives any term or condition in respect of the sale of the land as may be so specified. (9) The right to buy mentioned in sub-paragraph (1) is extinguished if— (a) the landholder fails to comply with an order under sub-paragraph (8), or 25 (b) where the seller has not applied for an order under that sub-paragraph, the landholder has not (having regard to the period fixed by or agreed under sub-paragraph (4)) within a reasonable period from the acquiring by the landholder of the right to buy otherwise concluded missives with the seller for the sale of the land to the landholder. 30 Appointment of valuer 54 (1) Where the price to be paid for land is not agreed between the seller and the small landholder as mentioned in paragraph 53(2)(a), the land is, except where sub-paragraph (2) applies, to be valued by a valuer appointed by agreement between the seller and the landholder or by a person nominated by them. 35 (2) This sub-paragraph applies where the land in respect of which the landholder is exercising a right to buy forms part of an estate comprising other land in respect of which any other landholder has given notice under paragraph 51 of the landholder’s intention to buy. 129 Land Reform (Scotland) Bill Schedule—Small landholdings Part 5—Right to buy (3) Where sub-paragraph (2) applies, the land mentioned in that sub-paragraph is to be valued by— (a) a valuer appointed by agreement between— (i) the seller, and 5 (ii) at least half of the landholders mentioned in that sub-paragraph, or (b) a person nominated by the persons mentioned in paragraph (a)(i) and (ii). (4) Where there is no agreement as to the appointment of a valuer under sub-paragraph (1) or (3), the valuer is to be appointed by the Land Court or by a person nominated by the Court. 10 (5) In this Part, “valuer” includes two valuers with an overseer. 1 Valuation of the land 55 (1) A valuer appointed under paragraph 54 is to assess the value of the land in respect of which a small landholder’s right to buy under paragraph 50 is being exercised as at— (a) the date of notice under paragraph 48 of the seller’s proposal to transfer the land, 15 or (b) where no such notice was given, the date on which the landholder gave notice under paragraph 51 of the landholder’s intention to buy the land. (2) The valuer is to assess the value of the land having regard to the value that would be likely to be agreed between a reasonable seller and buyer of such land— 20 (a) assuming that the seller and buyer are, as respects the transaction, willing, and (b) where the buyer is a sitting small landholder. (3) In assessing the value of the land under sub-paragraph (2), the valuer is to take account of— (a) in so far as a seller and a buyer of the land (assuming that they are, as respects 25 the transaction, willing) would do so, any factor attributable to the known existence of a person who (not being the landholder who is exercising a right to buy the land) would be willing to buy the land at a price higher than other persons because of a characteristic of the land which relates peculiarly to that person’s interest in buying it, 30 (b) when the seller would in the normal course of events have been likely to recover vacant possession of the land from the landholder, (c) the terms and conditions of any lease of sporting interests affecting the land, and (d) any moveable property belonging to the owner of the land which is, by agreement between the landholder and the owner, to be sold with, and valued along with, 35 the land. (4) In assessing the value of the land under sub-paragraph (2), the valuer is to take no account of— (a) the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale, 130 Land Reform (Scotland) Bill Schedule—Small landholdings Part 5—Right to buy (b) any factor attributable to any use of the land which is or would be unlawful, (c) any increase in the value of the land resulting from improvements to the extent that the landholder would be entitled to compensation in respect of those improvements upon renouncing the tenancy of the small landholding, 5 (d) any increase in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose other than cultivation of the land, (e) any reduction in the value of the land— (i) as a result of any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the landholder, or 10 (ii) resulting from the use of any of the land, or changes to the land, for a 1 purpose other than cultivation of the land, or (f) any fixed equipment owned by the landholder. (5) Where land in respect of which the right to buy is being exercised forms part of an estate, the valuer is, in addition to assessing the value of the land under sub-paragraph 15 (2), to assess the value representing the difference between— (a) the value of the estate were the estate being sold by the seller to a person other than the landholder, and (b) the value of the remainder of the estate (that is to say, the estate less the land in respect of which the right to buy is being exercised) were the remainder being 20 sold by the seller to such a person. (6) Where two or more parts of an estate are being bought in exercise of a right to buy under this Part— (a) the valuer is to assess— (i) the value of each of those parts under sub-paragraph (2), and 25 (ii) the difference between the values mentioned in paragraphs (a) and (b) of sub-paragraph (5), as at the last date on which notice of intention to buy was given under paragraph 51 in respect of those parts of the estate, (b) the valuer may, for the purpose of valuation under sub-paragraph (5), apportion 30 to each such part of the estate (or re-apportion if for any reason the sale of any such part does not proceed) such amount representing the reduction in the value of the estate as the valuer considers equitable. (7) The Scottish Ministers may issue guidance (either generally or in respect of a particular description of case) for the purposes of valuation under this paragraph. 35 (8) An estate is to be treated, for the purposes of sub-paragraphs (5) and (6) and paragraph 56, as comprising— (a) any land forming part of the estate and which is being bought in exercise of a right to buy under this Part, and (b) any other land forming part of the estate offered for sale by the seller at the same 40 time as the land mentioned in paragraph (a). 131 Land Reform (Scotland) Bill Schedule—Small landholdings Part 5—Right to buy (9) For the purposes of paragraph 53(2)(b)(i), the price payable by a landholder is— (a) the value assessed under sub-paragraph (2), or (b) where the land forms part of an estate, the greater of the values assessed under— (i) that sub-paragraph, and 5 (ii) sub-paragraph (5).